Missouri again ordered to use gerrymandered map for midterms — Supreme Court likely to decide

A federal appeals court on Monday ordered Missouri to reinstate a gerrymandered map that eliminates a Democratic district in Kansas City, even though the state has already distributed ballots.*

The shock decision likely means the U.S. Supreme Court (SCOTUS) will be asked to make a final ruling on Missouri’s redistricting battle.

“This Court holds that Missouri’s current plan to use the 2022 map in the November 2026 general election violates the Constitution,” the decision said. “Only use of the 2025 map complies with the Constitution and federal law. We affirm the district court and remand for entry of a permanent injunction.”

The 8th Circuit Court’s decision is in direct conflict with a Missouri Supreme Court ruling blocking the gerrymander, setting up a last-minute rush to SCOTUS, whose stay motion against the map remains in effect. 

The court issued a permanent injunction that it won’t go into effect until Sept. 28, allowing time for SCOTUS review. 

“If the Supreme Court has not stayed or otherwise altered the permanent injunction by that time, Secretary Hoskins and all others bound by this judgment must fully implement the 2025 map for the November 2026 general election,” the order said. “The Court trusts that the Missouri Supreme Court will respect this Court’s decision under the Supremacy Clause.”

The circuit court ruling injects even more confusion into a year-long battle over which map the state will use for the general election.

In 2025, Missouri Republicans redrew the state’s congressional map at President Donald Trump’s urging, hoping to increase the GOP’s odds of holding onto the U.S. House of Representatives. But the map has been mired in legal battles for over a year, after voters secured enough signatures to force a referendum vote on it during the midterms.

Despite Missouri Secretary of State Denny Hoskins (R) dragging out the process at every step in a bid to run out the clock on legal challenges, the Missouri Supreme Court ultimately ordered him to use the 2022 election map for the general election — even though voters cast ballots under the gerrymandered map for the primary.

After that ruling, a group of Republican candidates filed a separate lawsuit in federal court demanding the state continue using the gerrymander for the general election. After a federal judge barred Missouri from using any map other than the gerrymander for the general election – conflicting with the Missouri Supreme Court’s ruling – the U.S. Supreme Court stepped in. The justices halted use of the gerrymander until a federal appeals court could review the decision and the justices themselves could decide whether to review the case.

*The Elias Law Group (ELG) represents pro-voting parties in this case. ELG Firm Chair Marc Elias is the founder of Democracy Docket.